3.303 — ARSON OF AN INHABITED DWELLING

Violations of "Statute 3.303" results in a Class D Felony

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(a) Definitions

Arson of an inhabited dwelling is defined as the intentional act of setting fire to a building or structure where people reside or are present at the time of the offense.

(b) Elements

To prove arson of an inhabited dwelling, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant intentionally set fire to a building or structure.

2. The building or structure was inhabited or occupied by individuals at the time of the offense.

3. The defendant's actions were the direct cause of the fire.

4. The property damaged or destroyed by the fire belonged to another person or entity.

(c) Defenses

Defenses to a charge of arson of an inhabited dwelling may include, but are not limited to:

• Lack of intent: The defendant did not intend to set fire to the inhabited dwelling.

• Lack of knowledge: The defendant was not aware that the building or structure was inhabited at the time of the offense.

• Alibi: The defendant can provide evidence showing they were not present at the scene of the fire when it occurred.